Reporters Without Borders calls for the withdrawal of the charges against blogger Raja Petra Kamaruddin, also known as “RPK”, and human rights lawyer P. Uthayakumar, whose cases were heard in appeal hearings yesterday before the federal court in Putrajaya, the country’s highest court. Both Kamaruddin and Uthayakumar have run afoul of the draconian Internal Security Act (ISA), under which suspects can be held for two years without trial.

“Both RPK and Uthayakumar are victims of a law that openly violates the right to free expression,” Reporters Without Borders said. “RPK spent 56 days in detention at a minister’s pleasure. Uthayakumar is still being held in this manner in appalling conditions, and has been so for the past 426 days. If the judicial system dared to question what has happened, it would demonstrate some impartiality. We hope it can rise to the challenge posed by these cases.”

Kamaruddin’s case was postponed yesterday until 17 February at the request of his seven lawyers, who have challenged the partiality of one of the three judges, Augustine Paul. At the next hearing, a new panel of judges will consider the interior minister’s appeal against a 7 November high court decision to free Kamaruddin, who had been held at the minister’s behest following his arrest on 12 September under article 73 (1) of the ISA for allegedly spreading confusion and insulting “the purity of Islam.”

Kamaruddin edits the Internet Malaysia Today website (http://mt.m2day.org/2008/), in which he often criticises government policies. There are two other cases currently pending against him, one on a charge of defamation, and the other on a sedition charge. An hearing in the defamation case is to be heard before the Kuala Lumpur high court tomorrow.

The federal court in Putrajaya yesterday rejected a request for the release of Uthayakumar for the second time. Held under the ISA since 13 December 2007, his case was heard at the same time as those of four other members of Hindu Rights Action Force (Hindraf).

Uthayakumar is accused of violating the ISA by posting a letter he wrote to British Prime Minister Gordon Brown on his website asking Brown to support a UN security council resolution condemning the Malaysian government’s “atrocities” and “persecution” of the country’s Hindu minority and referring the case to the International Criminal Court.

Reporters Without Borders reiterates its call for the release of Uthayakumar, who is diabetic and has been mistreated while in detention.

(NST) Lawyer Karpal Singh will not feature in the legal team that is to institute action to challenge the dismissal of Datuk Seri Mohammad Ni- zar Jamaluddin as Perak menteri besar.

Karpal, who is also DAP national chairman, said this was because Pakatan Rakyat leaders, including Datuk Seri Anwar Ibrahim, felt that the Sultan of Perak, Sultan Azlan Shah, ought not to be taken to court.

"I refuse to take part, although I was invited to be in the legal panel. I firmly believe that the sultan should be named as party to the action," he said outside the Federal Court yesterday.

Karpal appeared in court for the five Hindu Rights Action Force (Hindraf) leaders who were detained under the Internal Security Act.

He said the head of state could be taken to court in his official and private capacity following amendments to the Federal Constitution in 1993. "I am sure the sultan knows what I am saying. There is nothing unlawful, treacherous or disrespectful," he said, adding this matter was something elementary that even a first-year law student knew.

Karpal said an aggrieved party had 40 days from Feb 6 to file leave for judicial review in the High Court to commence action.

He said he would not be intimidated by the numerous demonstrations by Umno Youth members nationwide.

Pakatan Rakyat lawyer Leong Cheok Keng said the suit, declaring the swearing in of Zambry last Friday as unconstitutional and illegal, could not be filed as the team of lawyers was rushing to complete legal documents.

He said it will be filed at the Kuala Lumpur High Court later and not Ipoh "so as not to cause embarrassment to the judges" in Perak.

Leong added that Zambry would be named as the sole respondent by Pakatan Rakyat Perak Menteri Besar Datuk Seri Mohd Nizar Jamaluddin.

Nizar has refused a royal command to resign from the post after three Pakatan Rakyat lawmakers turned independent and expressed support for Barisan Nasional last week, leaving both coalitions with 28 seats each in the 59-seat state assembly. Sultan Azlan Shah appointed Zambry based on the support of the three defectors.

Earlier today Perak DAP secretary Nga Kor Ming lodged a report with the Malaysian Anti-Corruption Authority against Zambry for appointing three advisers and a state information chief with executive councillor status.

Nga, who was a Pakatan Rakyat Perak state executive councillor, claimed the appointments were illegal under the Perak state constitution and would cost the state RM960,000 in emoluments a year.

The four appointmens are Datuk S. Veerasingam who will be adviser for Indian affairs while Datuk Chang Ko Youn will be Chinese adviser. Kapten Datuk Haji Mohd Najmuddin Elias Al-Hafiz is adviser on religious matters and Datuk Hamdi Abu Bakar as state information chief.

KUALA LUMPUR, Feb 12 — It happened during the gut-wrenching recession in 1986. It happened again during the Asian financial crisis in 1998. And now with the world in the throes of a severe economic crisis, the government is mulling the possibility of suspending aspects of the New Economic Policy.

Government officials told The Malaysian Insider that the affirmative action policy could be held in abeyance for one or two years depending on the severity of the impact of the crisis on the economy.

In 1986, the Mahathir administration surprised many when it suspended the implementation of the NEP, hoping the move would invite the flow of foreign investments needed to kick start an economy badly hit by the drop in commodity prices.

Tun Dr Mahathir Mohamad returned to the same playbook in 1998 when the currency crisis in the region sent the economy into a tailspin.

Government officials say that many elements of the original NEP — a policy set in place by Tun Abdul Razak and aimed at eradicating poverty and restructuring society — have been dismantled over the years.

But the view among foreign and domestic investors is that a cornerstone of the policy — which makes it necessary for Bumiputeras to own 30 per cent equity — makes Malaysia a less attractive place to do business than Vietnam, Indonesia, Singapore or Thailand.

The move to suspend the NEP is among a slew of measures — structural and fiscal — being considered by the government to breathe life into an economy which is slowing.

Export figures for December to be released today will show an economy grinding to a halt. The Malaysian Insider understands that fourth quarter growth is likely to be just over 1 per cent and economists believe that the government will have to cut its forecast of growth for 2009 from 3.5 per cent to 0.4 per cent.

The government is also re-examining the role of the Foreign Investment Committee, a committee which approves investments by foreigners in Malaysia. Top banker Datuk Nazir Razak recently said that Malaysia must review its race-based economic policies if it hopes to rein in political discontent and regain competitiveness.

He noted that the NEP had damaged national cohesion and hindered investment. “It is timely to examine the NEP, look at how the NEP retards national unity, investments and economic efficiency and develop a new, more relevant framework for economic policy-making,” said Nazir, who is chief executive officer of Malaysia's second largest bank CIMB.

The NEP was designed in 1971 after race riots to narrow the wealth gap between the majority Malays and the richer ethnic Chinese.

Critics say the NEP has enriched those businessmen who are politically connected and encouraged cronyism and corruption in the coalition that has ruled Malaysia for 51 years.

Political analysts have said that Nazir's comments would carry weight with his brother, Datuk Seri Najib Razak, the country's incoming prime minister.

Human Rights Watch said in a statement the UN’s Human Rights Council should take a “long, hard look” at Malaysia’s rights record at its review in Geneva yesterday. It will be Malaysia’s first review by the council, which evaluates member countries every four years.

“Countries should call Malaysia to account for failing to address abuses against migrants and refugees and for its continuing use of preventative detention,” the group’s deputy Asia director, Elaine Pearson, said.

The group said UN members should challenge Malaysia to repeal the decades-old Internal Security Act, which allows the government to indefinitely detain those deemed a threat to national security without trial.

More than 45 people — most of them terror suspects but also five ethnic Indian activists — are still held under the Act. Last year, an opposition lawmaker, a blogger and a journalist were also briefly detained under the law.

The government insists the Act is necessary to maintain stability.

New York-based Human Rights Watch also said Malaysia fails to protect migrant labourers, who make up more than 2 million of the country’s 11 million-strong work force, from physical abuse, unpaid wages and long working hours.

Malaysian officials could not immediately be reached for comment on Tuesday. — AP

KUALA LUMPUR, Feb 12 — Alluding to the scramble among allies for the Bukit Selambau state seat in Kedah, Datuk Seri Anwar Ibrahim said Pakatan Rakyat needed a committed candidate who will not easily sway to bribery or threats.

"The recent experience is a lesson and the party must ensure its struggle is not sacrificed for a narrow agenda," the Pakatan Rakyat de facto leader wrote in his weblog today.

He disclosed that PKR vice-president Azmin Ali launched the election machinery in Sungai Petani and was confronted by quarters lobbying for their candidates including from allies who wanted candidates who were either Malay, from Hindraf, veteran Reformasi members and others through requests, demands, threats.

Saying the people must realise the cooperation that has realised a Pakatan Rakyat government, Anwar said what was important was to have "a candidate committed to the struggle, who is not easily swayed by bribery or threats".

"The people and the voters demand a qualified and capable candidate," said Anwar.

Former RMAF trainer V. Arumugam won Bukit Selambau as an independent in Election 2008 and later joined PKR after he was promised a state executive councillor position. However, he quit the seat and post on Feb 9 after claiming he had been threatened and offered money to defect to Barisan Nasional.

Pakatan Rakyat leaders backed his claims of threats but a few said he quit due to allegations of bigamy. He is now apparently in hiding but his resignation has opened up opportunities for the electoral pact parties to pick up another seat in the 36-seat Kedah state assembly.

Pas, DAP and the banned Hindu Rights Action Force (Hindaf) have expressed interest to stand for elections there. The Election Commission will meet tomorrow to decide the date for nomination and by-election.

The current tussle between the Sultan of Perak and his Pakatan Chief Minister is not the first, nor will it be the last, such crises in the country.

Contrary to the assertions of constitutional scholars and legal practitioners, this is not a legal issue. Its solution does not lie with the court system. Nor does it require of us to return to the old feudal ways of blind loyalty to the sultan, as some traditionalist would wish.

I am not surprised that Sultan Raja Azlan, a former chief justice, would view this as a legal matter. However, the reputation and salvation of Raja Azlan specifically, and that of the institution of sultans generally, would require of him to look beyond the law for a solution. Anything less and he would risk our country degenerating into another Thailand, cursed with endless constitutional and political crises. Coming as it is during these trying economic times, it would also be a major distraction, one we could do without.

The continued relevance and indeed survival of our sultans depend on their ability to read the rakyats’ mood correctly, not on some cultural traditions, court precedents, or political expedience.

Lessons From The Past

Past experiences have shown that it was rare for the sultans to emerge from these political crises with their reputations enhanced, or the institution of royalty strengthened. Even when the sultans emerged as heroes, they exposed their blemishes. Raja Azlan needs to be extra diligent to make this episode the exception. Thus far it has not been promising.

Consider the Malayan Union fiasco in 1946. The sultans meekly agreed to the British “suggestion” of turning the country into a dominion. Whether it was British perfidy or the sultans’ stupidity, the result was the same. The price tag too was modest: piddling pensions and perfunctory visits to Buckingham Palace for the sultans. As a sweetener, just in case, they were awarded the knighthood of some medieval English order.

Fortunately their subjects, then almost exclusively Malays, were not as meek, or easily hoodwinked and cheaply bought. Under the leadership of the late Datuk Onn, the Malay masses, on the pretext of paying homage, descended upon the palace in Kota Baru where the rulers had gathered. They effectively prevented the sultans from leaving the premise to ratify the agreement with the new British governor, effectively scuttling the treaty. Thus ended the brief and naked British power grab.

It was also a devastatingly effective demonstration of the halus (refined) ways of our culture. Fortunately the sultans correctly read the subtle message from their rakyats. Good thing too, for had it not been for those village peasants intervening, our sultans would today be reduced to the status of the Sultan of Sulu. Today’s highflying sultans must be reminded of this – and often – lest they forget, as they are wont to.

Less than a decade later with the Federation of Malaya replacing the Malayan Union, and with the sultans securely ensconced in their palaces, this delicate balance between the ruler and the ruled would once again be tested, this time in the negotiations for independence. It turned out that our sultans were less than enthusiastic with the idea, at least initially. Not an unreasonable posture, considering the fate of their brother hereditary rulers in independent India and Indonesia.

Fortunately the sultans again correctly read the rakyats’ mood. After all, the pro-independence Alliance coalition scored a near unanimous victory in the 1955 general elections. Despite that, those rulers did not give in easily. They demanded – and received – assurances that their royal status would be enhanced. Indeed the Reid Commission tasked with drafting a constitution for the new nation codified the role of the sultans beyond their being mere feudal heads of their respective states.

The new constitution provided for a new national body, The Council of Rulers, headed by a “King” to be chosen from among his brother rulers. Unlike real kings however, the new Agong would, apart from being “elected,” have a limited tenure of only five years – unheard of for any royalty anywhere. Further, this Council would have veto authority on legislations passed by the bicameral (House and Senate) Parliament.

Functionally this Council of Rulers would thus be a Third House of Parliament, a miniature House of Lords but with an exclusive membership of only nine sultans. This enhanced status of the sultans also satisfied the Malay masses, feeding their vanity patriotism of Ketuanan Melayu.

With their now elevated status and considerably more generous civil allowances, our royal families soon acquired regal tastes beyond what they could have imagined in their kampong days. Now they compare themselves not to the Sultan of Sulu but the Queen of England and oil-rich Middle Eastern potentates. Actually, closer to the Arab potentates! Our sultans lack the social finesse and regal restraint of Windsor Castle but have all the excesses and vulgarities of the House of Saud.

Time has a way of eroding the wisdom acquired from earlier experiences. Royal excesses soon knew no bounds; it would only be a matter of time when the sultans would clash with the elected leaders. By mid 1980s the sultans would face an adversary in the person of Prime Minister Mahathir, a leader whose heritage and upbringing would put him not in the least in awe of things royal.

On taking on the sultans, Mahathir precipitated a severe constitutional crisis. He prevailed but the price was high. Mahathir had to unleash his hound dogs in the mainstream media to uncover every royal transgression, venal and minor, real and imagined, in order to discredit the sultans. It was not pretty.

While Mahathir effectively clipped the wings of these highflying sultans, they could still fly high and far. Barred from meddling in political matters, they found a lucrative niche in commerce. With that they could acquire the latest luxury jets to fly to their favorite distant casinos.

Political Tsunami Impacted the Sultans

Things would have remained the same, with the royals indulging their newfound wealth, had it not been for the political tsunami that swept Malaysia in the March 2008 election. Sensing a leadership vacuum with the Barisan coalition now crippled, the sultans began flexing their muscles. Pakatan leaders, uncertain of their new role, did not quite know how to handle these newly assertive sultans. By default and fearful of appearing to challenge the Malay sultans, Pakatan state leaders readily gave way to the sultans in Perak, Kedah and Selangor.

Even in states where Barisan did not lose, as in Trengganu, the sultan there was not shy in asserting himself. In no uncertain terms and without any hint of subtlety the Sultan of Trengganu rebuffed the UMNO leadership and succeeded in having an individual more to his liking to be the new chief minister. Prime Minister Abdullah was impotent; his candidate was summarily rejected by the sultan.

Not to be outdone, a few months later the Sultan of Perak intervened in the micro management of the state over the transfer of a junior functionary in the religious department, on the pretext that matters pertaining to Islam are the exclusive preserve of the sultan. His claim was not challenged.

Nature abhors a vacuum; a weakened Barisan and as yet uncertain Pakatan Rakyat created this opportunity for the sultans to reassert themselves.

What surprised me is that this power grab is being led by a sultan who is generally acknowledged as the most enlightened of the lot, having served as the nation’s chief justice and who has as his crown prince an intellect schooled in the finest universities of the West. That they chose to revert to their feudal past given the slightest chance was a great disappointment.

This power struggle between the sultans and the political elite, and among the political leaders, would not interest me except that it deeply polarizes Malaysians. That this polarization transcends race is no consolation.

After over half a century of dominant one-party rule, the country unsurprisingly has difficulty adjusting to the possibility of a minority or even change in government. This adjustment is most difficult on current leaders. Things would have been difficult even if the sultans were to play their constitutionally assigned role of honest brokers, but with their trying to reassert themselves, it makes for a combustible combination.

The other consequence to this power struggle is that the institution of sultan will never again be the same. The oxymoronic expression of ousted Perak Mentri Besar Nizar Jamaluddin, “Patek menyembah memohon derhaka!” (roughly translated, “Pardon me for my peasant insurrection!”) will now be part of our lexicon. More significantly, his Jebat-like stance has all the makings of a modern day Malay heroism. This powerful imagery is now indelibly etched in our Malay psyche.

It is not the sight of citizens giving the Perak crown prince the middle finger that stunned me rather that this was done so openly, spontaneously, and in-your-face style. The sultan’s website (put up initially to demonstrate a royal family very much in tune with its Internet savvy citizens) had to be deactivated as it was quickly filled with shocking insults. Even former Prime Minister Mahathir felt compelled to condemn those attacks.

It matters not; the genie is now out of the bottle. The sultans are now no longer what they once were. I do not lament this; I just hope that the sultans recognize this sea change in their subjects.

Nor do I miss the days of a strong and dominant government. That would be good only if the leaders were fair, honest and competent. Saddam Hussein’s government was strong and dominant; look at the devastations it created.

Canada has a tradition for minority governments, and its citizens are not at all ill served by that. Indeed there is considerable merit in having a divided or minority government. That would be the most effective system of checks and balances.

With a deeply polarized citizenry, the days of a supra majority government are gone. It is for this reason we must have an institution like the sultan that can act as an honest broker so as to maintain political neutrality and stability. Now that too is gone. That is what disappoints me most with this latest political crisis in Perak.

If a sultan as enlightened as Raja Azlan could not disentangle himself from this political morass, we have little hope that the other sultans would be any better.

There is a silver lining to all this. Thanks to Nizar’s Jebat-like stance of “Patek menyembah mohon derhaka!” Malaysia will never degenerate into an absolute monarchy. In times like this, we have to savor such blessings!

Contributed by the Malaysian NGO delegation attending the UPR in Geneva

The United Nations Human Rights Council conducted its inaugural review of Malaysia’s human rights record today. At the Universal Periodic Review (UPR), Malaysia’s national report was presented by Tan Sri Rastam Mohd Isa, Secretary General of the Ministry of Foreign Affairs. The Attorney General, Tan Sri Abdul Ghani Patail, and Datuk Faizah Tahir, Secretary General of the Ministry of Women, Family and Community Development made additional statements. Representatives of non-governmental organisations (NGOs) from the Coalition of Malaysian Non-Governmental Organisations in the UPR Process (COMANGO), and the Jaringan Orang Asal SeMalaysia (JOAS) were present. Representatives of the Human Rights Commission of Malaysia (SUHAKAM) also attended.

The UPR process compels the government to critically assess Malaysia’s human rights record, in consultation with SUHAKAM and NGOs. However, the consultation with NGOs has been superficial, patchy and cursory.

Malaysia’s presentation during the review today described some of its successes without acknowledging any shortcomings. The government highlighted the overall reduction of poverty but failed to address the increase in income disparity, e.g. within the Bumiputra community.

Malaysia also made some inaccurate statements. “The government claimed that the rights of indigenous peoples were well protected under existing legislation. Mexico and Qatar correctly raised the issue of the rights of indigenous peoples which needs better protection. I urge the government to accept Mexico’s recommendation to ratify the ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries. I am also disappointed that the government only mentioned Orang Asli and the Penans thus leaving out the other indigenous groups in Sabah and Sarawak,” said Mark Bujang of JOAS. According to Giyoun Kim, UN Advocacy programme manager of the Asian Forum of Human Rights and Development (FORUM-ASIA), “With all the several country visit requests made by the Special Procedures mandate holders since 2002, the Malaysian Government only repeated its rhetoric excuses that it remains open to further discussions and is willing to consider the requests positively on the merit of each proposal. It is very regrettable that the government did not provide any commitment to declare the standing invitations to these mandate holders to visit Malaysia, as encouraged by several countries.”

“For today’s review, foreign missions began lining up at 5.45am to register to speak. 83 countries eventually registered, but due to time constraints only 60 were able to speak. Out of these 60 countries, 44 were members of the Association of Southeast Asian Nations (ASEAN), the Organisation of the Islamic Conference (OIC), and the Non-Aligned Movement (NAM). This highlights one of the weaknesses of the UPR process. Countries ‘friendly’ to Malaysia were able to manipulate the process simply by queuing up early and crowding-out other countries from an opportunity to speak. Many ‘friendly’ countries congratulated Malaysia on her national report, particularly in the areas of poverty eradication, primary education, and the enhancement of the rights of women, children and the persons with disabilities, without giving substantive recommendations,” said Andrew Khoo, co-deputy chairperson of the Human Rights Committee of the Malaysia Bar.

Commenting on today’s proceedings, John Liu of SUARAM, co-secretariat of COMANGO said, “The review on Malaysia was extremely disappointing. While acknowledging the efforts of some countries in raising genuine concerns and addressing the critical human rights issues in Malaysia, the congratulatory-styled interventions in praise of Malaysia were a farcical element of the review. This practice goes totally against the intended spirit of the UPR.”

Despite this weakness, some countries did use the opportunity to ask relevant questions and made the following recommendations:

1. specify a time-frame to ratify the core human rights treaties including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of Racial Discrimination (CERD) and the Convention Against Torture (CAT) and the optional protocols;

2. specify the time-frame to withdraw the reservations to the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and to ratify the optional protocols;

4. initiate a moratorium on the use of the death penalty as a precursor to its eventual abolition and outlaw the practice of torture and cruel and inhumane punishment, including whipping;

5. legislate to recognise the status of refugees and asylum-seekers and to distinguish them from irregular migrants, and ratify the Convention on the Status of Refugees and its Protocol;

6. better protect and give immunity to trafficked women and children instead of treating them as perpetrators;

7. increase the protection for all migrant workers, regardless of legal status, and ratify the International Covenant on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW);

8. implement the recommendations of the Royal Commission on the Police to establish an independent oversight mechanism for the Police; increase training for government officials, police, law enforcement and security agencies, lawyers, and judges, in respect of human rights and non-discrimination and the binding nature of international human rights laws;

9. make SUHAKAM independent, widen its term of reference to cover all rights within the Universal Declaration of Human Rights, and have it comply with the Paris Principles; and

“As the next step, we will seek to meet the Ministry of Foreign Affairs to discuss the follow-up of the review’s draft report. We hope to persuade the government to make more commitments and to state the time-frame for them to be implemented. This can be done during the formal adoption of the outcome report in the June plenary session of the Human Rights Council,” said Honey Tan of EMPOWER, co-secretariat of COMANGO. She adds, “We will also be holding a briefing for Members of Parliament and diplomatic missions in Malaysia shortly to update them on the review. We will hold the government accountable for the commitments it has made to improve the state of human rights in Malaysia.”

KUCHING, Feb 12 (Bernama) -- The mini budget, which is scheduled to be tabled by Deputy Prime Minister and Finance Minister Datuk Seri Najib Tun Razak at the Dewan Rakyat on March 10, will among others include aid and financial assistance to Sarawak, parts of which were hit by severe floods and landslides recently.

"The federal government will offer assistance to those affected by the recent floods. We have made that commitment. Those who have been housed at flood relief centres would receive RM300 while those who did not stay at flood relief centres and stayed at houses of relatives would also receive RM300.

"We would disburse the funds once the list of recipients is furnished to us. As for farmers, who had their yields wiped out by the floods, would also receive aid. The rate would be decided by the state government," Najib told reporters after meeting leaders of Sarawak Barisan Nasional (BN) component parties here, today.

Najib, who is on a three-day working visit to the state, said the Sarawak government had also been asked to evaluate the damage to infrastructure and public amenities.

"We want the state government's evaluation done by end of the month so that I could include it in the mini-budget that would tabled on March 10," he said.

The mini budget is being tabled to soften the impact of the global economic crisis. Last year, Najib had tabled a RM7 billion economic stimulus package.

TASTE THE FRESHNESS�Chief Executive Officer of Melaka Biotechnology Corporation, Professor Dr Ramli Hitam is introducing MTea�s Misai Kucing herb tea � the end product of their research. Its leaves that contain diuretic elements help to eliminate excessive uric acid in the body; a source of many physiological problems. It has been used for generations to treat circulatory disorders, kidney stones, hypertension, diabetes, gout and maintain optimal liver function. Foto: ShaharimKUALA TERENGGANU, Feb 12 (Bernama) -- The Election Commission (EC) has not dismissed the possibility of both the by-elections for Bukit Gantang Parliamentary seat in Perak and Bukit Selambau state assembly seat in Kedah, held simultaneously.

EC Chairman Tan Sri Abdul Aziz Mohd Yusof said a decision was expected on the matter after a special meeting held tomorrow to discuss and study documents related to the vacancy for both seats.

He added that the Federal Constitution stated that a by-election can only be held once the EC was satisfied that a state assembly seat or Parliamentary seat was lawfully vacant.

"For the Bukit Gantang seat...since the MP has passed away, it is definitely vacant but Bukit Selambau is a different issue and we need to gather detailed information and documents to make a decision.

"If we can establish that the Bukit Selambau seat is vacant, we will go ahead with the by-election. If the seat is not vacant, then the elected representative will remain," said Abdul Aziz after handing out certificates to EC staff involved in the Kuala Terengganu by-election, here last night.

The Bukit Gantang Parliamentary seat fell vacant following the death of PAS MP Roslan Shaharum on Monday, due to a heart attack, while Bukit Selambau state assemblyman V. Arumugam from Parti Keadilan Rakyat (PKR) was said to have tendered his resignation on Sunday.

Abdul Aziz said the EC cannot just accept the Kedah Legislative Assembly Speaker's statement that a vacancy existed for the Bukit Selambau state seat and go ahead with a by-election.

"We have to look at the issue from various perspective and not just make a decision based on assumption or because somebody had asked to do so. The EC will dispense its duties professionally based on the procedures, information and according to the law," he said.

Meanwhile, speaking of the Kuala Terengganu by-election that was held without any hitches or glitches, Abdul Aziz said the smooth election process received praise from Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin.

"Tuanku Mizan was satisfied with the incident-free by-election for the Kuala Terengganu Parliamentary seat," he said.

PUTRAJAYA, Feb 11 — The Federal Court today ruled to uphold the detention of five ethnic Indian leaders of the Hindu Rights Action Force under the Internal Security Act (ISA) for the next two years.

The apex court dismissed the application to review the habeas corpus suit, leaving the five leaders of the banned Indian rights movement — better known by its acronym Hindraf — stuck behind the high security walls in Kamunting, Perak, where a constitutional crisis is crippling the daily administration of the state government.

The Hindraf 5, as they have come to be known, are lawyers M. Manoharan who is also Selangor state lawmaker for Kota Alam; P. Uthayakumar, brother to self-exiled Hindraf leader P. Waytha Moorthy; V. Ganabatirau; R. Kenghadharan; and former bank officer K. Vasantha Kumar.

They were arrested under the ISA two years ago on Dec 13 for taking part in an illegal mass protest in Kuala Lumpur.

It was a unanimous decision among the three-member panel of judges.

An appeal was made to the same court last May.

The Federal Court then, like today, denied release to the Hindraf 5.

The panel then headed by Datuk Alauddin Mohd Sheriff (who is now the President of the Court of Appeal), ruled that Prime Minister Datuk Seri Abdullah Badawi had acted lawfully as the then Internal Security Minister when he ordered the detention of the Hindraf 5.

In reading out the Federal Court verdict, Justice Datuk Nik Hashim Nik Abdul Rahman, explained that the apex court’s earlier ruling was made based on a previous court decision involving Mohamad Ezam Mohd Nor, once Opposition Leader Datuk Seri Anwar Ibrahim’s right-hand man in the early days of Reformasi I.

Nik Hashim noted: “Whether the Federal Court was right or wrong is not for us to decide. If we decide to do so, it will lead to another appeal.

“Thus, we find that this case is not a fit case for review. Therefore, we dismiss the motion,” he added.

Yes, Perak State Assembly may be Dissolved very soon in order to create political stabitilty there. I feel the present crisis in Perak just Political Strategy by UMNO national leaders to avoid any fresh elections and enable them concentrate all efforts toward upcoming party election.

Let us look into following factors :

1) The Only advantage Barisan Nasional now command is Three Independent Assembly persons. Pakatan Rakyat Government collapsed even with extra three of it’s own assembly persons. If the three decided to leave Pakatan merely because of misunderstanding between party leaders , how long will it take for Independent pulling out their support.

Any Rift between UMNO’s own assembly person( which already seen during appointment of Menteri Besar) will make the situation worse.

Unless UMNO manage to convinence the Three Independent assembly person to join their colition parties or UMNO managed to get more PR assembly persons to their side changes for BN continue governing Perak is very slim.

If BN appoint the State Speaker and Deputy Speaker among their elected representatives , they could only survive the Motion with one Vote . Provided all BN supporting representatives present.

BN may appoint outsider as Perak Speaker (most probably not Indian as claimed by MIC) to gain extra vote.

3) Even if Barisan Nasional Survive No Confidence Vote , the changes for the same motion to be tabled again and again looks possible.

4) Barisan Nasional may not able to get any State Bills to be passed effectively as Pakatan Rakyat elected representative will present in full force to ensure it’s really benefitting Rakyat.

5) In order to overcome objections from State Assembly Barisan Nasional State Government may opt to take all matter in their own hands at Weekly Exco Meeting and delay state assembly proceeding to maximum time period allwed.

6) The Government officers may face law suits if the court of law found newly appointed Barisan Nasional Government as illegal.

Barisan Nasional just need few months time to finish off previously unfinished works at Perak before they geared up to face rakyat through election. By holding office UMNO and cronies able to utilize all Government machineries towards Pakatan Rakyat.

Anyway, the chances they dissolve State Assembly very soon likely to happen in near future.

SUNGAI PETANI, Feb 11 — The state assemblyman for Bukit Selambau who was reported to have resigned, V. Arumugam, is believed to be in good health and safe although Parti Keadilan Rakyat (PKR) leaders themselves do not know of his whereabouts now.

PKR vice-president Mohamed Azmin Ali said it had been confirmed that Arumugam had resigned and the party had received his resignations from both positions, namely as a state assemblyman and Kedah State Executive Councillor.

“He (Arumugam) is healthy and safe...I don’t know where he is now because he has resigned and is free to go wherever he wants,” he told reporters after chairing a meeting with members of the Merbok PKR division, here today.

He said the validity of the PKR assemblyman’s resignation should not be disputed because Arumugam had personally met PKR advisor, Datuk Seri Anwar Ibrahim, to inform him of the resignation.

Azmin also said that Arumugam claimed that he had lodged a police report on the various threats he had received but unfortunately no action had been taken.

He said Arumugam had followed proper procedure in his resignation by sending a letter to the State Assembly Speaker and also the Kedah Menteri Besar.

He said there was no necessity for an elected representative to be physically present when sending his resignation letter to the Election Commission as there was no legal provision requiring him to do so.

New Perak Menteri Besar Datuk Dr Zambry Abdul Kadir and his team addressing the media at a press conference at the state secretariat today before getting down to work. – Picture by Choo Choy May

By Lee Wei Lian-The Malaysian Insider

IPOH, Feb 11 — Datuk Zambry Abdul Kadir started his first day as menteri besar today defending the legitimacy of his government by arguing that a majority in Perak backed the Barisan Nasional, and engaging in a rant against journalists.

It was clear, as he snapped at awkward questions from reporters at his first press conference, that he has been feeling the strain of defending what has been an obviously unpopular and possibly unconstitutional takeover of the state from Pakatan Rakyat.

Zambry was sworn-in last Friday by Sultan Azlan Shah at the Istana Iskandariah in Kuala Kangsar while riot police outside quelled a protest by thousands of people.

Earlier last week, Sultan Azlan Shah had denied consent to Datuk Seri Nizar Jamaluddin as the menteri besar to dissolve the state assembly.

Instead the Ruler dismissed Nizar, and questions have now arisen over whether a Ruler who is only a constitutional monarch has such powers. Nizar, who has refused to resign, maintains he is still the MB.

The Sultan has come under heavy criticisms for appearing to side with BN. He has even had to cancel public appearances as part of his silver jubilee celebrations because of security concerns.

When asked today if he thought he has the support of a majority of the public in Perak, Zambry said: "That is why we are here."

When it was pointed out that he did not gain his position as menteri besar via an election, he grew visibly defensive and snapped back: "What do you mean? This is a democratic process.

"Do you understand democracy? I am asking you, do you understand the political philosophy of democracy?

"I am asking you back. Why are you not asking them (Pakatan Rakyat) back when they are talking about the party hopping?

"When they triggered everything right from the very beginning. You should ask yourself about that."

When it was clarified that the question was not about defections but whether he feels he has the support of the majority of Perakians, he finally replied: "God willing, when you prove to the people your worth.

"Do not talk about democracy process if you do not understand democracy.

"This is the true democratic process."

Then, before another reporter could finish her question on Jelapang state representative Hee Yit Fong, he cut in and told her: "You like to delve into all kinds of speculative things."

When the reporter finally got to complete her question and ask whether he feels Hee can perform her duties effectively as state representative given the widespread unhappiness expressed by residents in Jelapang and whether Zambry can guarantee her safety, he replied: "This is our responsibility. People need to respect Hee's right to live.

"Where else to live? Please preserve the peace we have in this country regardless of differences."

Earlier, he arrived in a Proton Perdana and waved at the large crowd of media members at about 10am, and was trailed by his executive council members in various other vehicles.

In an attempt to address the problem of the state BN being dominated by representatives from only the Malays as Umno holds 27 of the 28 seats, Zambry has appointed special advisors with executive council status.

Datuk S. Veerasingam will be his advisor for Indian affairs while Datuk Chang Ko Youn will be Chinese advisor. Kapten Datuk Haji Mohd Najmuddin Elias Al-Hafiz, another advisor, will assist him on religious matters.

On the upcoming by-elections, he said that BN will be ready.

When asked whether he will continue the previous state government's policies, he said: "What is most important is not whether it is your policy or my policy but what is best for the rakyat."

When asked whether he is going to convene a special sitting of the state assembly, he answered that the "assembly will have to meet every six months." He also said that it is Pakatan Rakyat's right to file a lawsuit and seek legal redress. He also revealed that he has not appointed a speaker yet.

On the fact that there are only six state executive council members instead of the usual 10, he said: "It is convention to have 10 but based on regulations, we can elect less than that based on our needs." He said that he will revisit the number of executive council members from time to time.

Zambry also said that "there is no time for celebrations" and that "my intention is to serve all."

Nizar said he was ‘not going to be like a stupid, mad boy staying forever until I am officially evicted’. — Picture by Choo Choy May

By Shannon Teoh-The Malaysian Insider

IPOH, Feb 11 — Shut out from his office and now operating from the menteri besar's residence as the seat of his administration, Datuk Seri Mohd Nizar Jamaluddin said today he will soon vacate the last bastion of Pakatan Rakyat's government in Perak.

But the ousted menteri besar still maintained that his administration is legitimate and can operate from any premises, saying he will leave the official residence "in dignity" at the "golden moment" should an eviction notice be issued.

"I have my own dignity. I am not going to be like a stupid, mad boy staying forever until I am officially evicted," said Nizar, hinting of moving out in an exclusive interview with The Malaysian Insider at the official residence in Jalan Raja Idris Shah.

The 10th Perak menteri besar has been holding out at the residence with his wife and eight children in what is seen by some quarters as the last stand for democracy in the silver state as the Barisan Nasional has seized other state premises in its Feb 5 takeover, leaving his administration little choice but to turn it into an office and a secretariat.

"I will find the golden opportune time. All my children are studying here, my eldest daughter is about to deliver," Nizar explained.

"To an extent, this is the last symbol of democracy in this state but we will go beyond that. The symbol will then be the basis of truth and rule of law that we fight for even if we are ripped off of these premises.”

However, Pakatan Rakyat is still studying that move as it could have legal ramifications and interpreted as conceding the government when the coalition files a suit tomorrow to declare the Barisan Nasional government illegal.

"That is the reason we need the best opportune time where it will not be interpreted as conceding," Nizar countered, insisting that despite giving up the residence, Pakatan Rakat would still consider itself the legal government and operate from a different site.

"This is not a sign of conceding but a symbol of dignity. If there is a letter of eviction, we will respect it if it exists but up to now there has only been a phone call," he said, disclosing the civil service's role in the administration change.

The Pasir Panjang assemblyman related how his belongings in the menteri besar's office had been ransacked and his drawers emptied but the next day, the state secretary "who had shouted at me called me in a humble voice realising he made a mistake".

Nizar said that according to protocol, an ex-MB should still be highly respected.

"Even though they say I shall now be the ex-menteri besar, at any state function the ex-MB is always there. When I took over, Tajol was there and given due deference," he said of his predecessor Datuk Seri Tajol Rosli Mohd Ghazali.

"So he called to say that they did not mind if I took my time to vacate the residence and even 'if you need help to shift, we will bring some lorries and you can even use my house to store your things'," said Nizar, breaking into laughter.

He added that there was also an order for the Pakatan Rakyat executive councillors to surrender their official cars but those who did found their cars returned the following day.

"I think he realised that he made a mistake because the palace will ask why did you humiliate the ex-MB who I appointed and gave a Datuk Seri?"

As such, Nizar said that while "this residence can be snatched anytime" by Barisan Nasional, he does not believe it would happen "because it will be damaging not just for Umno, but the palace".

"If not, they could have smashed the 10,000 during the ceramah on Sunday night. They could have just thrown a Molotov cocktail and created havoc.

"I think it will increase the respect for us from the public and they will join us to reclaim what has been robbed," he said.

In a related decision, the Pakatan Rakyat executive councillors will also leave their official cars unused at the official residence.

According to Nga Kor Ming, an executive councillor and Perak DAP secretary, the decision was taken to rebut claims by Barisan Nasional that the Pakatan Rakyat executive councillors were being greedy and selfish by holding onto the Toyota Camrys.

He explained the Pakatan Rakyat executive councillors would no longer use the cars to show they are not greedy for the newly-purchased vehicles but that they would not surrender them to Barisan Nasional either.

"All exco members are ready to release the vehicles but if we surrender them it can be viewed by the court as conceding the government.

"These are state assets and symbolise that we are still the legitimate government," Nga said.

The Inspector-General of Police, Tan Sri Musa Hassan announced a total ban on political gathering and ceramah in the State of Perak, to erase the high tension of resentment towards the appointment of the unscrupulous UMNO-led Barisan Nasional State government when an existing Pakatan Rakyat State government had not been legally and rightfully removed by the Palace.

The Police hope that with this ban, which will be until the situation becomes normal, will not be a security threat since a huge number of police personnel have to be deployed to see the 'high tension' situation and to avoid any unnecessary incidents.

Police and the Palace are fully aware that the demands of the rakyat is for a fresh State elections and whatever measures taken would not deter the Perakians to demand for a 'people elected State government' to administer them.

As if it was not bad enough that Malaysia has been overrun by an outbreak of frogs – like a scene from some Biblical catastrophe – we now have to stomach the spectacle of humbug heroes and demagogues as well.

One is deeply distressed to read reports of conservative politicians and their followers crying for revenge against those whom they accuse of having offended the fragile sensibilities of the monarchs. According to one such report, Umno deputy Youth chief Khairy Jamaluddin had asked his followers, referring to Perak Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin, “In the old days, what did we do to those who commit treason?”

The crowd replied, “Kill him!”

Khairy then said they should only ask for Nizar “to be banished”.

Not being a legal expert, I am uncertain of the gravity of the actions of the abovementioned individual. From my own untutored perspective it appeared more like an invitation to violence than anything else. But being a historian myself I am struck by the first part of Khairy’s question, i.e. the phrase: “In the old days …”

The past is never simple

Now that the past has been brought up, the historian in me is compelled to respond by first reiterating that there has never been and will never be a simple, essentialised, linear past. The past is as complex as the present, and there are as many strains and currents of history that have been forgotten and marginalised as there are liminal presences that we remain unaware of.

To suggest somehow that “in the past” those who were found guilty of treason were due for severe punishment – death, in fact, according to Khairy’s followers – is obfuscating the facts. We need to also ask the attendant questions: Who has committed the alleged act of treason, against whom, and why? After all, Nelson Mandela was found guilty of treason and sedition too, for he openly challenged the authority of the racist apartheid state. Likewise the founding leaders of this nation of ours – men such as Dr Burhanuddin al-Helmy, Ibrahim Yaakob, and Ahmad Boestaman – were likewise accused of treason and sedition as they struggled against British colonial rule.

On the subject of the relationship between the Malay monarchs and their subjects however, there has also been a lot written in the past that we ought to revisit in the present. The reason for this is that there has been this tendency to see and understand the relations between rulers and the ruled in purely one-sided terms favouring the rulers. Was this always the case? Was there ever a time when power relations in Malay-Muslim society were understood and configured differently?

I think so, and to demonstrate just that I would like to revisit the writings of Imam Buchara al-Jauhari, the scholar who pioneered what can justly be described as the beginnings of Malay-Muslim political theory.

Historic Malay-Muslim scholarship

During the bad old days of Western colonialism in Malaya, Western Orientalist scholars were keen to diminish the value of Malay-Muslim scholarship and to reduce important works of philosophy as mere fairy tales and fables. Not true.

There were texts written by scholars such as the Taj-us Salatin, Mahkota Segala Raja-Raja (1) (The Crown of Kings) of Buchara al-Jauhari (written in 1603 in Aceh); and the Bustan as-Salatin fi Dhikr al-Awwalin wal-Akhirin (The Garden of Kings and the Beginning and End of All Things) of Sheikh Nuruddin (written in 1638). These provide ample proof of the extent which Islamic scholars were already beginning to consider questions relating to the spiritual covenant between God and humankind, as well as the socio-political contract which bound ruler to subject.

These Muslim scholars were neither detached from nor indifferent to the nature of the political space they were penetrating. Indeed, not only were they aware of the political nature of the terrain they were operating in; their very mode of entry was itself political in terms of its strategic approach. By working both within and against the official ideology of the feudal system, Islamic scholars such as al-Jauhari and Sheikh Nuruddin played a crucial role indeed. Their attempt was to mould the wayward rulers into the ideal image of the Islamic ruler as God’s vicegerent on earth and defender of the community.

Nearly half a century before Thomas Hobbes’ Leviathan would be published in England (2), Al-Jauhari’s Taj-us Salatin (1603) was already spelling out the duties and responsibilities of the ruler and the role of the court and the laws to restrict the king’s powers. As Taufik Abdullah notes, the function of Islamic texts such as the Taj-us Salatin is clear: it sets out the parameters and guidelines for good government in Islamic terms. It thus inevitably reduces the ruler to the status of God’s servant on earth. Furthermore, it places great emphasis on the role of the pengawal raja, the raja’s advisors, ministers and ulama to ensure that the ruler does not veer off the right path.(3)

What is radically different about the narrative of Al-Jauhari’s Taj-us Salatin when compared to most pre-Islamic feudal propaganda is that it reorganises the worldview of the feudal system in an unmistakable way. In many pro-feudal texts, loyalty is demanded and expected from the rakyat as the right of the ruler. The Taj-us Salatin, however, demands the loyalty of all subjects to the supreme power of omniscient and omnipotent God, thus distracting both loyalty and attention from the rajas themselves.

The emphasis on maintaining the ruler’s just conduct is not merely empty rhetoric or religious homily either. Al-Jauhari devotes several chapters on instructing the courtiers, advisors and servants of the ruler as well. In case the ruler should be in any doubt as to what kind of advisor he should seek, al-Jauhari clearly spells out the Islamic credentials that the ruler ought to look for in his staff:

These Islamic credentials are of crucial importance. For Al-Jauhari they serve as a safety check by ensuring that the loyalty and obedience of the courtiers is to God before the ruler. The duties of these advisors include the need to educate the king and to instruct future monarchs; the need to present all information that the ruler may require in detail and without fear; and the need to reproach the ruler if and when he or she transgresses the law. (5) For the first time in the history of the traditional feudal universe, the discursive territory of the ruling ideology was being opened up to new participants. The site of political activity was extended beyond the person of the ruler himself to include the courtiers, commanders, qadis, shiekhs and advisors of the court:

All of these demands are articulated via an Islamic ethical discourse which focuses the subjects’ attention upon their moral and political obligations primarily to God, and no longer the king solely. Should the ruler transgress the rules that God has laid down before him, he immediately forfeits his authority to rule (“erti-nya hilanglah daulat (raja) daripada sebab aniaya” (7)). The end result is a state of chaos and disorder that, by a strange twist, anticipates the Hobbesian account of the state of nature in the Leviathan that would be written half a century later.

A ruler’s place

Al-Jauhari has thus put the ruler in his place. The survival and prosperity of the realm depends upon whether the ruler rules according to the dictates of his faith and abides by its laws, which are, of course, the laws of God. Failure to do so leads to moral degradation, despair, and eventually, total chaos and destruction.

While symbolic power is allowed to remain in the hand of the ruler, the true centre of attention is thus relocated on a higher metaphysical level, beyond the reach of rakyat and rajas alike. It is clear that for Al-Jauhari it is God, and not the ruler, who is truly supreme and that it is God’s will and commandments that are to be obeyed and followed before the raja’s:

Amidst all this, the ruler is humbled and reduced to being the mere symbolic instrument of God’s will on earth. But even as a symbol of God’s will on earth, the ruler, for Al-Jauhari, is still required to possess and develop certain attributes and characteristics that are the prerequisites for the office of the leader of the community. Among these are piety, charity, fairness and truthfulness. Quoting the Kitab Fadhail al-Muluk, Al-Jauhari warns that the absence of any of these attributes immediately robs the ruler of his credentials:

Bound thus by the code of law and the demands placed upon him by the faith and his role as the leader of the community, the raja has come to be an appendage to God. By placing the raja at the head of the state as the leader of the community, Al-Jauhari has also placed the burden of maintaining the image of religion on the ruler as well. Al-Jauhari affords the ruler no special privileges on account of his status as raja. Furthermore, Al-Jauhari insists that any ruler should come under particularly heavy scrutiny as he is meant to be the living embodiment of the law he is meant to protect. So great is the responsibility of the ruler that Al-Jauhari doesn’t even afford him the luxury of food and sleep as he undertakes his task of government:

But such mortal rajas were also liable to fail in their tasks, and the Taj-us Salatin takes seriously the very real possibility that any ruler may occasionally commit an indiscretion. It prescribes the appropriate measures to remedy them without allowing for instances of divine mercy and intervention or even the sympathy of revisionist court historians. The ruler who fails in his duties and does not care for his subjects is told in no uncertain terms that his chances for eternal salvation are low indeed:

And in cases where the raja has clearly gone beyond acceptable religious norms and standards, Al-Jauhari’s answer is clear: he is no longer the ruler of his people, but their enemy. (12) Citing the story of Moses and his fight against the fir’aun (pharaoh) as an epic precedent befitting the status of the royal subject he is addressing, Al-Jauhari commends the act of rebellion against any tyrannical ruler. By doing so he has prescribed a formula for legitimate disobedience, while remaining faithful to the tenets of Islam and the principles of Islamic law. For Malay-Muslim scholars like Al-Jauhari, Islam was both a discourse of legitimisation as well as a discourse of delegitimisation whenever it needed to be.

Re-reading the Taj-us Salatin today should remind us that in “the old days” (to quote a politician educated at Oxford) the Malay-Muslims were far more advanced in their thinking when it came to the question of power-relations between rulers and their subjects. The image of the docile, subservient Malay subject who is blindly loyal to his master may be of some comfort to right-wing politicians bent on developing a cult of worship around themselves. The same image certainly helped to maintain the racist politics of the colonial era too. But the Malays “in the old days” and today are far more intelligent and independent minded than some of our politicians give them credit for. Having insulted their intelligence today, try not to insult their past and history too, for heaven’s sake.

Endnotes: (1) Taufik Abdullah has noted that the Taj-us-Salatin, written by Buchara al-Jauhari in 1603 in Aceh is probably one of the most original Malay-Islamic texts to be found. Although eclectic in its composition, it was an indigenous piece of work, not a translation of Arabic, Persian or Indian texts. Its influence was felt as far as the courts of Surakarta and Yogyakarta in Java. (Abdullah, pg. 41).

(2) It must be noted that Thomas Hobbes’ Leviathan was only available in England in 1651. He began work on the text while in exile in France in 1640-41. Al-Jauhari’s Taj-us Salatin was composed and completed by 1603 in Aceh, North Sumatra.

(3) The very first chapter of the Taj-us Salatin already begins with the universal declaration of the equality of mankind as creatures and representatives of God on earth. Its Islamic credentials can be found in the way that it draws examples from Islamic and Semitic history in order to illustrate the proper conduct of Muslim rulers. Citing the example of the prophet Muhammad as the exemplar ruler bar none (Chapter 10), the Taj-us Salatin notes down the necessary characteristics and obligations of the just Muslim ruler. These include the need to ensure the prosperity and livelihood of his people; to protect his people from all manner of calamities (from poor government, abuse of power to invasions from abroad); to ensure the stability and prosperity of the country; to protect those who cannot protect themselves such as the poor, the disabled, widows and orphans, etc.; and to ensure that he chooses good advisors and listens to their counsel. (Bukhair [Buchara] al-Jauhari, Taj-us Salatin [1603], edited by Khalid Hussain, Dewan Bahasa dan Pustaka, Kuala Lumpur, 1966.)

(4) Translation: “And it is written in the Qitab Sifat As-Salatin that the ruler should always seek the company of those who are knowledgeable, and those who are engaged in matters of religion, and he should seek their instruction in all religious duties, and enquire about the characteristics of the pious, and remember what is taught to him.” (pg 75)

(5) Ibid pp 71-74.

(6) Translation: “And therefore it is necessary for the ruler who wishes to rule justly to have several advisors around him whose characteristics are their dedication, lack of greed and strength in their religious devotions; and they are to be sent to all corners of the realm so that they may see all that is good and bad about it, (and they) must relate the reports from his ministers, and know of the deeds of his commanders as well as his servants, and know of the work of all his subjects; and all this must be conveyed without fail. Therefore the ruler must cultivate such a reliable staff around him.”(pg 72)

(7) Translation: “This means that he (the ruler) has lost his right to sovereignty due to his cruelty.” (pg 73)

(8) Translation: “And all the servants of the king must first of all place their fear in God almighty above all else and before their king, and they must also hope for the bounty of God almighty rather than their king.” (Hussain, pg 150)

(9) Translation: “Verily, Allah taala has demanded (us to be) fair and charitable. For from fairness comes truthfulness in all our deeds and all our words; and from charity comes kindness in all our labour and all our work and all our deeds; and these two virtues are found in all of mankind though in the ruler they are found most of all; and these two virtues, if they are not found in the ruler, then it cannot be said that the ruler is truly a ruler at all.” (pg 67)

(10) Translation: “And therefore the ruler should eat less and sleep less, and the ruler should never submit to his desires, so that he may be able to perform his duties of kingship which are such a great burdensome responsibility unto him.” (pg 71)

(11) Translation: “And whichever king who fails to show pity to his subjects, Allah taala has forbidden him from entering heaven.” (pg 70)

(12) AC Milner has noted that the in the Taj-us Salatin is the famous injunction: “Because the king is wrong, he has turned his face from Allah, those who deviate from Allah’s law and reject the syariah are enemies of Allah and Allah’s prophet. It is obligatory for us to treat the enemies of Allah as our enemies.” This, in effect, is probably one of the first attempts to give an Islamic license to revolt against one’s ruler in the kerajaan era, by turning a revolt into a holy war. (Milner, 1983, pg 26)

(Bernama) -- Veteran lawyer Karpal Singh said today that he will not represent Datuk Seri Mohammad Nizar Jamaluddin in filing a suit to declare Datuk Dr Zambry Abdul Kadir's appointment as the new Perak menteri besar null and void.

He said he did not want to be in the team because his views and those of Mohammad Nizar's team (Pakatan Rakyat team) were different.

Karpal Singh, who is the DAP chairman said this when asked asked by reporters outside the Federal Court here whether or not he will represent Mohammad Nizar in the matter.

On Feb 6, Mohammad Nizar was reported as saying that he would take legal action against Dr Zambry, who was sworn in as Perak's 11th menteri besar the same day, because there were now two menteris besar in the state and this had precipitated a constitutional crisis.

Mohammad Nizar, who is also the Perak deputy PAS commissioner, defended his position, saying that he was still the menteri besar and that Dr Zambry's appointment was against the federal and state constitutions.

On his plan to take legal action against the Sultan of Perak for allowing the Barisan Nasional (BN) to replace the Pakatan Rakyat (PR) government in the state, Karpal Singh once again stressed his stand to proceed with the plan, despite the PR leaders saying that they did not want to do so.

He said there was no doubt that Sultan Azlan Shah could be taken to court in his official capacity as, after 1993, the Federal Constitution was amended and a special court was established to deal with matters concerning the royalty and the rulers.

"I'm sure that even he (Sultan Azlan Shah) knows that what I'm saying is correct. He is the former Lord President and has done a lot of cases. There is nothing unlawful or treacherous about it, they say I am disrespectful of the Sultan.

"I'm just saying what the law is. I stick by it. Take it or leave. This is something so elementary that even a first-year law student knows that the sultan can be taken to court. Why all this fuss?," he said.

Asked whether the police were investigating him over his move to take legal action against the sultan, he said he was prepared to give statements to the police.

Karpal Singh also referred to the demonstration by some 200 Umno Youth members outside his office in Jalan Pudu, Kuala Lumpur, yesterday, warning them to stop such illegal and unlawful demonstrations.

"Let me warn Umno Youth, do not push me too far. I will not bow to any intimidation. What I'm doing is within the confines of the law, the police should have protected me yesterday," he said.

"The demonstration yesterday is illegal. Why are they not being charged in court for unlawful assembly, why the double standard when it comes to us," he said.

On the Bukit Gantang parliamentary seat in Perak and the Bukit Selambau state seat in Kedah, he said Pakatan Rakyat (PR) would focus on winning the seats eventhough the coalition partners had slight differences of opinion.

He said whatever differences within the party would be sorted for the benefit of the PR.

"I and Lim Kit Siang (DAP veteran who was also present) have gone a long way for the last 40 years. It is better to resolve within the party. There is no problem with it, there is a bigger task ahead, there is nothing really to worry for the future of PR," he said.

The two seats fell vacant following the death of Bukit Gantang MP Roslan Shaharom and the resignation of Bukit Selambau assemblyman V. Arumugam.

PUTRAJAYA, Feb 11 (Bernama) -- The five Hindu Rights Action Force (Hindraf) leaders will remain under Internal Security Act (ISA) detention for two years after the Federal Court here today dismissed their motion for a review of a previous panel's decision which denied their release.

They took the case to the Federal Court as a last resort after failing to get the previous panel of the same court to release them.

In a unanimous decision, Datuk Nik Hashim Nik Ab Rahman who sat with Justices Datuk S.Augustine Paul and Datuk Zulkefli Ahmad Makinuddin ruled that the motion filed by the five was not fit for review.

Nik Hashim said the previous Federal Court panel's decision was based on authorities in two cases -- that of Mohamad Ezam Mohd Nor and Tan Sri Raja Khalid -- which it was entitled to do.

"Whether the decision is right or wrong, it is not for this court to determine. If we make an attempt to do so, it will lead to another appeal and we are not prepared to do so. Thus, we dismiss the motion for review," he said.

They were held under the ISA on Dec 13, 2007, after being involved in street demonstrations in Kuala Lumpur on Nov 25 and issuing allegedly slanderous statements against the government.

On May 14, 2008, a Federal Court panel headed by Chief Judge of Malaya Tan Sri Alauddin Mohd Sheriff (now Court of Appeal President) dismissed their appeal after ruling that the order for their detention at the ISA camp in Kamunting, Taiping, by Prime Minister Datuk Seri Abdullah Ahmad Badawi, who was also the Internal Security Minister then, was lawfully executed.

On Feb 26, 2008, the Kuala Lumpur High Court rejected their application and ruled that the order for their detention issued by Abdullah last Dec 13, 2007, had conformed to the law.

In their writ of habeas corpus to secure their release, the five claimed that their detention was unlawful because the grounds of detention stated in the orders were vague. They named the minister and the commandant of the detention centre as respondents.

Cool customer: Nizar attempted to report for work in a hugely symbolic gesture that raised his profile and won him new admirers Photo courtesy of Wartawan Rasmi Laman Reformasi; More pictures here

IPOH, Perak, Feb 10 (IPS) - During a tense press conference, in the midst of the current constitutional crisis in this state, peninsualar Malaysia's second largest, a reporter's MP3 recorder/handphone began ringing.

Nizar's relaxed demeanour belies a steely determination as he engages in a battle of wills that has pitted him against the country's Deputy Prime Minister Najib Razak and the monarch of Perak, Sultan Azlan Shah.

A member of the Islamic Party, PAS, one of three parties in the Pakatan Rakyat (PR or People's Alliance) coalition, Nizar has quickly won widespread admiration that cuts across ethnicity and religious lines for his open and non-racial approach and his fiscal discipline in managing the state's budget.

Dramatic scenes unfolded last week as a series of defections among state assembly members from the coalition government that Nizar leads threw the state into political turmoil.

The federal ruling coalition, the Barisan Nasional (BN) or National Front, has been attempting to dislodge the PR coalition government that has led Perak since last March's general election with support from the Sultan.

On Tuesday the BN, led by Zambry Abdul Kadir, began the process of forming a new government with the PR continuing to challenge its legitimacy.

When Nizar, accompanied by his state executive council members went to the state secretariat, in a business as usual way, he found his path barred by riot police.

Nizar has so far refused to resign as chief minister and the Sultan has turned down his advise that the state assembly be dissolved and fresh elections called to resolve the impasse. Nizar has maintained that the BN government is illegal and that the Sultan has no constitutional right to dismiss him.

Sentiment on the ground can be gauged form the fact that last week, as Zambry was being sworn it at the state palace, about 5,000 worshippers outside a mosque 300 metres away blocked the road to the palace and demanded that the state assembly be first dissolved and fresh elections called.

The crisis was triggered when three state assembly members, two of them facing corruption charges, defected from the PR, overturning the state government's slim majority. A fourth assembly member had earlier defected from the BN to the PR but later hopped back to the BN.

With that, the current status of the house is 28 PR members, 28 BN members - and three independents, who are pro-BN. On Thursday, the Sultan of Perak, the constitutional monarch, consented to the appointment of a new BN government after he was convinced the BN had the majority in the state assembly.

The crux of the matter appears to be: who decides whether a chief minister commands the confidence of the majority of the state assembly members, the sultan or the state assembly?

The PR supporters are insisting that the constitutional position is that Nizar can only step down if he resigns or if he ceases to command the confidence of the majority of the assembly, at a proper sitting of the state assembly.

Before that can happen, many argued, the status of the defectors has to be determined, as they had signed undated resignation letters after the last general election. The Speaker of the Assembly, a PR appointee, had used these letters to declare their seats vacant.

But the Election Commission has refused to recognise the letters and to hold by-elections. The Commission's head pointed out that the defectors have now denied the validity of their earlier letters.

Critics, however, argue that the Commission has no power to dispute the Speaker's decision; only the courts can overturn the Speaker's decision.

Nizar and his state government committee members, for their part, are insisting they remain the legitimate government and this morning they held an executive committee meeting.

To add to the complication, those who disagree or protest the Sultan's move are at risk of finding themselves described as menghina (showing no respect) or worse, derhaka (traitorous) to the Sultan. The sultan, a former Agong (or constitutional monarch for the whole country) who once served as chief justice, this year celebrates the silver jubilee of his reign in Perak.

As riot police fired tear gas at determined and angry protesters outside the mosque on the road to the palace, one furious man told IPS: "Please tell the people that the MB (chief minister) is not derhaka against the sultan. Nizar is trying to defend the administration of the state from corruption in the people's interest."

Behind the legal technicalities, the current impasse reflects a larger battle for political control of Malaysia. Perak, along with Selangor, Penang, Kedah and Kelantan had fallen to the PR in the last general election.

Following the setback for the BN, leaders of the dominant United Malay National Organisation (UMNO) thrashed out a transition agreement to phase out Prime Minister Abdullah Badawi by March to be succeeded by his deputy Najib, who has also assumed Abdullah's finance ministry portfolio.

But Najib's star has failed to shine brightly. He has been persistently linked to the murder of a Mongolian national, for which a court trial is ongoing - although he has vehemently denied any involvement in the case.

Since the general election last March, Najib has led two key by-election campaigns for the BN - and lost them both.

Delivering Perak to the BN would go some way in appeasing restive UMNO members still coming to terms with last year's general election shock of losing the coalition's coveted two thirds parliamentary majority and five out of 13 states in the federation.

"What this shows to me, is that the new prime minister in waiting, Najib, is getting increasingly desperate and might resort to Machiavellian methods (to secure his position)," says blogger and analyst Din Merican, aligned to the PR.

Many Malaysians are unhappy about the spate of defections to the BN and have dubbed the defectors as "frogs". BN supporters on the other hand are quick to point out that PR supporters did not seem to mind when it was PR leader Anwar Ibrahim who was trying - unsuccessfully - to seize federal power last September by trying to get BN parliamentarians to defect to his fold.

But many are not surprised that the BN is reluctant to hold fresh elections in Perak to resolve this issue once and for all.

As a result of frequent excesses and allegations of abuse of power, the BN has seen its public support steadily erode since 2003, when premier Abdullah scored a landslide victory after his predecessor Mahathir Mohamad stepped down.

A common sentiment by a phone-in viewer said during a forum televised over Bernama television channel. "BN may think they have won the crisis in Perak but don't they realise in the next general election, many more people will be voting for the opposition?"

For now both Nizar, who is still holding on to the chief minister's official residence, where hundreds of supporters have been gathering every night, and the BN are engaged in a battle of wills.

While BN may have won this round its troubles are far from over as the party faces two tough by-elections and Nizar may opt to stand for one of these and win a seat to parliament.

The shocking display of vitriol against Datuk Seri Mohd Nizar Jamaluddin of Perak by certain groups claiming to advance patriotism in Perak, is a disconcerting trend.

In a modern and robust democracy such as we claim to be, threats against those who hold different views, seek to enforce their legal rights or seek to challenge authority in a court of law are seriously misplaced. We cannot, on the one hand, claim to be a modern democracy that respects dissenting views and, on the other, ask for archaic modes of “punishment” (like chasing someone out of the State) for holding those views.

It is also necessary to remember that under Datuk Seri Mohd Nizar Jamaluddin’s Administration in Perak, many significant steps forward were taken on issues that affect the Orang Asli and other underprivileged and marginalised groups.

I write this piece to put on record what I believe to be the most significant events from a human rights perspective: events that members of the Malaysian Bar and other NGOs were pleased to be part of. These issues that had remained outstanding for many years saw quick resolution in the last 10 months in Perak.

They include the following:

• As Menteri Besar, Datuk Seri Mohd Nizar Jamaluddin cancelled all logging and plantation activities in Orang Asli settlements around Gopeng that were affecting more than 2000 Orang Asli.

• YB Sivanesan announced the return of approximately 400 acres of Orang Asli ancestral land to the Orang Asli that had been earmarked for logging activities by the previous government in Mukim Teja near Gopeng.

• The State Government announced the return of approximately 500 acres of Orang Asli ancestral land to the Orang Asli of Kampung Chang Sungai Gepai in Bidor, which had been earmarked for a Botanical Garden by the previous government.

• A special task force on Orang Asli land rights was set up to formally recognise all Orang Asli customary land in Perak. The task force committee comprises two tiers. The second tier is exclusively managed by the Orang Asli communities themselves, and meeting halls in the State Secretariat building are provided to the Orang Asli for their use.

• The Administration commissioned a special Orang Asli Officer for the state of Perak whose function is to resolve all problems of the Orang Asli within the state.

• A series of consultations with the public and NGOs on development activities in Ipoh has been held. For example, public opinion was sought in relation to the proposed development of Yau Tet Shin Market.

• Both Malay and Chinese residents of new villages and Kampung Tersusun are now being granted permanent land titles in stages.

The Malaysian Bar must put these events on record as we have worked for years on some of these issues and were happy to see positive results achieved in a short span of time.

We hope that the same importance will be given to these matters and that they will continue to progress without delay. In fact, we call on all State Governments to be pro-active in relation to issues that concern the Orang Asli, the marginalised and the underprivileged.